Terms and Conditions 

Article 1 - Definitions

In these conditions the following terms have the following meanings:

Entrepreneur : the natural or legal person who offers products and / or services to consumers from a distance;

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Distance Agreement: an agreement whereby, in the context of a system organized by the entrepreneur for distance sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;

Remote communication technologymeans that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;

Time for reflection: the period within which the consumer can make use of his right of withdrawal;

Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;

Day: calendar day;

Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.

Article 2 -

Article 3 - Applicability 

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can be can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;

the possible costs of delivery;

the way in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery or performance of the agreement;

the term for accepting the offer, or the term for adhering to the price; 

the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; 

if the agreement is filed after the conclusion, how it can be consulted by the consumer;

the way in which the consumer can obtain information about actions that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;

any languages in which, in addition to Dutch, the agreement can be concluded;

the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and

the minimum duration of the distance contract in the case of an agreement that extends to the continuous or periodic delivery of products or services.

Article 5 - The agreement 

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.

The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a.the visiting address of the business location of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about existing after-sales service and guarantees;

 d. the price, including all taxes on the product, service or digital content; to the extent that
applicable the delivery costs; and the method of payment, delivery or implementation of the
distance contract;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
f. if the consumer has a right of withdrawal, the model withdrawal form.

6.If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

With products;

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).

The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.

if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 8 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).

The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 8 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. 

As soon as possible, but within 8 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.

The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.

If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commences during the reflection period, the consumer is the entrepreneur a amount due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation. 

The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that are not ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or; 

the consumer has not explicitly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.

The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

prior to delivery, he has not expressly agreed to commence compliance with the agreement before the end of the reflection period;

he has not acknowledged losing his right of withdrawal when giving his consent; or

the entrepreneur has failed to confirm this statement from the consumer.

If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.

The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 8 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier. 

The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;

Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services;

Service contracts, after full performance of the service, but only if:

the performance has started with the explicit prior consent of the consumer; and

the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;

Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;

Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;

Products that are irrevocably mixed with other products after delivery due to their nature;

and

the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - The price

During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates. 

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer. 

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 

they are the result of statutory regulations or provisions; or

the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 12 - Conformity and Warranty

The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.

A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance contract.

Article 13 - Delivery and implementation

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. All products come with a declining balance guarantee

The place of delivery is the address that the consumer makes known to the company.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.

The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

We do not deliver to the Wadden Islands.

COLENIS is not responsible for whether or not the purchased product will fit upwards.

Article 14 -Duration transactions: duration, cancellation and extension

Cancellation:

According to the law 'Remote Buying' you can cancel your webshop order free of charge within 8 days after the date on which you ordered. The following conditions apply:

- The product is undamaged and is in the original and unopened packaging.
- The product is unused and unassembled.
- The product has not been specially adapted for you.

If you cancel the order more than 8 days after the date on which you ordered, we are forced to charge cancellation costs. For this, 30% of the purchase amount will have to be reimbursed to the entrepreneur. These costs are charged because the costs incurred to process your order are irreversible for the purpose of delivery.

Cancellation of your order must be submitted by email to COLENIS. This can be done by e-mail info@colenis.com. Cancellations over the phone do not count as a valid cancellation, regardless of whether the person on the phone agrees to do so, only through the mail can the order be canceled.

Costs for possibly returning products are at the expense of the consumer and cannot be recovered from the entrepreneur.

Expensive:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 8 days after delivery of the documents relating to this agreement.

When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.


Article 16 - Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 8 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 8 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer..

Article 17 Intellectual property.
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or with regard to the internet site rest with COLENIS, its suppliers or other entitled parties.

Article 18 Personal data.

COLENIS will only process the Buyer's data in accordance with its privacy policy. COLENIS observes the applicable privacy regulations and legislation.

Article 19 Applicable law and competent court.
All offers from COLENIS, its agreements and the implementation thereof are exclusively governed by Belgian law. Applicability of the Vienna Sales Convention is expressly excluded.

Article 20 Links

The COLENIS site may contain advertisements from third parties or links to other sites. COLENIS has no influence on the privacy policy of these third parties or their sites and is not responsible for this.

Article 21 Your rights

You can always ask COLENIS which data about you is processed. To this end, you can send an e-mail. You can also ask COLENIS by e-mail to make improvements, additions or other corrections, which COLENIS will process as soon as possible. If you no longer wish to receive information, you can notify COLENIS. Information is only sent if you have provided your e-mail address.

Article 22 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Operating data:

KONTEX BVBA
Moerlei 49, 2610 Antwerp
VAT: BE0436658762
info@colenis.com
+32488242204

Appendix I: Model withdrawal form

 Model withdrawal form

 (only complete and return this form if you wish to cancel the contract)

To: [name of entrepreneur]

[geographic address of the entrepreneur]

[fax number entrepreneur, if available]

[e-mail address or electronic address of the entrepreneur]

I / We * share / share * hereby inform you that I / we * regarding our agreement

the sale of the following products: [product description] *

the delivery of the following digital content: [indication of digital content] *

the provision of the following service: [specification of service] *,

revoked / revoked *

Ordered on * / received on * [date of order for services or receipt for products] [Name of consumer (s)] [Address of consumer (s)] [Signature of consumer (s)] (only if this form is submitted on paper)

* Delete what does not apply or fill in what applies.